Examples of Topping Offer in a sentence
If necessary, Purchaser and Seller shall consent to a brief continuance of the 363 Hearing (without any further right of overbidding) in order to complete the documentation of a successful Topping Offer.
Purchaser also may attend the Overbid Auction at which it may, in its sole and absolute discretion, improve the terms of this Agreement (a "Topping Offer").
Lakeland’s asset based loan department provides commercial borrowers with another lending alternative.
If necessary, Purchaser and Sellers shall consent to a brief continuance of the 363 Hearing (without any further right of overbidding) in order to complete the documentation of a successful Topping Offer.
If, however, within the time period specified in clause (b) of this Section 6.03, Purchaser has failed to make a Topping Offer or has notified Sellers in writing that it does not intend to make a Topping Offer, Sellers may enter into a definitive agreement with the Qualifying Competing Bidder and Sellers' only obligation to Purchaser shall be the payment of Purchaser's Liquidated Damages as set forth in Section 6.04 and the return of the Deposit as provided for in Section 8.01(b).
Upon delivery of a Competing Bid Notice, Purchaser shall have the right (a "Topping Right") to deliver to Sellers, within [five (5)] calendar days following the receipt by Purchaser of such Competing Bid Notice, a written offer (a "Topping Offer") to amend the terms of this Agreement in order to provide for a Purchase Price exceeding the Qualifying Competing Bid.
In the event that Buyer exercises such Topping Right (i) the Company may disclose such Topping Offer to such Qualified Third Party and (ii) within five calendar days following receipt by the Company of Buyer's notice of Topping Offer, Buyer and the Company shall enter into an amendment to this Agreement to reflect the Company's acceptance of Buyer's Topping Offer (unless the Company has received an additional Acquisition Proposal constituting an Overbid Transaction).
In the event Seller determines, in its sole and absolute discretion, that the last offer submitted by Purchaser is equal to or better than the last offer submitted by all Third Parties at the Overbid Auction (taking into account any Break-up Fee, including expenses), then within three (3) business days following the conclusion of the Overbid Auction, Purchaser and Seller shall enter into an amendment to this Agreement to reflect Seller's acceptance of Purchaser's Topping Offer.
A Topping Offer shall exceed the Qualifying Competing Bid by a minimum of $500,000.
For the avoidance of doubt, all material non-economic terms of this Warrant, including those in Articles 3, 4, 6 and 8, shall apply to any transaction between the Company and the Warrant Holder resulting from a Topping Offer relating to a Qualifying Acquisition Proposal.